Hi there,
I am renting half of a house as a separate dwelling, and on a standard tenancy agreement. However the part of the house I rent is not technically separate, as it doesn't have its own address, nor its own power or water meters. The tenancy agreement has a special term added which states that the utilities are to be shared evenly between all on the property (which includes those in the half of the house who are not part of my tenancy agreement). For the last 4 years I have been diligently paying my share of the bills without thought (including, I've just realised, a share of the fixed water charges).
Recently there's been a dispute about utility bills that are too high due to a water leak in the mains, and I am being asked to continue paying the excessive amount in full each month until the leak is fixed, with a promise of reimbursement once (or if) watercare agree to reimburse the landlord for the leaked water. I think this is unfair.
Is it possible for this special term in the tenancy agreement to over-ride section 39(c) of the RTA? Or am I under no legal obligation to continue paying for these utilities until separate meters are installed?
"39(c) The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities."
Thanks,
I am renting half of a house as a separate dwelling, and on a standard tenancy agreement. However the part of the house I rent is not technically separate, as it doesn't have its own address, nor its own power or water meters. The tenancy agreement has a special term added which states that the utilities are to be shared evenly between all on the property (which includes those in the half of the house who are not part of my tenancy agreement). For the last 4 years I have been diligently paying my share of the bills without thought (including, I've just realised, a share of the fixed water charges).
Recently there's been a dispute about utility bills that are too high due to a water leak in the mains, and I am being asked to continue paying the excessive amount in full each month until the leak is fixed, with a promise of reimbursement once (or if) watercare agree to reimburse the landlord for the leaked water. I think this is unfair.
Is it possible for this special term in the tenancy agreement to over-ride section 39(c) of the RTA? Or am I under no legal obligation to continue paying for these utilities until separate meters are installed?
"39(c) The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities."
Thanks,
Comment